Scottish devolution is the process of theUK Parliamentgranting powers (excluding powers overreserved matters) to the devolvedScottish Parliament.[1][2][3] Prior to the advent of devolution, some had argued for a Scottish Parliament within theUnited Kingdom – while others have since advocated for completeindependence. The people of Scotland first got the opportunity to vote in a referendum on proposals for devolution in 1979 and, although a majority of those voting voted 'Yes', the referendum legislation also required 40% of the electorate to vote 'Yes' for the plans to be enacted and this was not achieved. A second referendum opportunity in1997, this time on a strong proposal, resulted in an overwhelming 'Yes' victory, leading to theScotland Act 1998 being passed and the Scottish Parliament being established in 1999.
Scottish voters were given the chance to vote 'Yes' on outright independence in a2014 referendum. In an effort to persuade Scots to remain in the Union, the major UK parties vowed to devolve further powers to Scotland after the referendum. The 'No' vote prevailed (independence was rejected) and the campaign promise of devolution resulted in the formation of theSmith Commission and the eventual passage of theScotland Act 2016.
Having agreed to pass theUnion with England Act, theParliament of Scotland 'adjourned' on 25 March 1707. The new unitedKingdom of Great Britain[4][5] came into being on 1 May 1707, with a singleParliament of Great Britain which merged the parliamentary bodies and constituencies ofEngland andScotland into a new legislature located in London.[6][7] The post ofSecretary of State for Scotland existed after 1707 until theJacobite rising of 1745. Thereafter, responsibility for Scotland lay primarily with the office of theSecretary of State for the Northern Department, usually exercised by theLord Advocate. The Secretaries of State were reorganised in 1782, and the duties now came under theSecretary of State for the Home Department.
1885 saw the creation of theScottish Office and the post ofSecretary for Scotland. From 1892 the Secretary for Scotland sat incabinet, but the position was not officially recognised as a full member of thecabinet of the United Kingdom until the Secretary for Scotland post was upgraded to full Secretary of State rank asSecretary of State for Scotland in 1926.
In May 1913 the House of Commons passed thesecond reading of the Government of Scotland Bill 1913 (also referred to as the Scottish Home Rule Bill) by 204 votes to 159. The bill was supported by Liberals and opposed byUnionists.[8] It did not proceed further due to the outbreak of the First World War.
TheScottish Covenant Association was a non-partisan political organisation that sought the establishment of a devolvedScottish Assembly. It was formed byJohn MacCormick who had left theScottish National Party in 1942 when they decided to support all-outindependence for Scotland rather than devolution as had been their position.
The Association was responsible for the creation of theScottish Covenant, which gathered two million signatures in support of devolution. Members of the organisation were also responsible for the removal of theStone of Destiny fromWestminster Abbey in 1950 that attracted huge publicity for the cause of Scottishhome rule.
TheScottish referendum of 1979 was a post-legislativereferendum to decide whether there was sufficient support for theScotland Act 1978 that was to create adeliberative assembly for Scotland. The Act required that for the Act to be repealed, less than 40% of the electorate would have to voteno in the referendum. The referendum resulted in a narrowYes majority but fell short of the 40% requirement.
TheScottish devolution referendum of 1997 was a pre-legislativereferendum over whether there was support for the creation of aScottish Parliament within the United Kingdom and whether there was support for such a parliament to have tax varying powers. In response to the clear majority voting for both proposals, theUnited Kingdom Parliament passed theScotland Act 1998, creating theScottish Parliament andScottish Executive.
The Act was introduced by theLabour government in 1998 after the 1997 referendum. It created theScottish Parliament, setting out howMembers of the Scottish Parliament are to be elected,[9] making some provision about the internal operation of the Parliament[10] (although many issues are left for the Parliament itself to regulate) and setting out the process for the Parliament to consider and pass Bills which becomeActs of the Scottish Parliament once they receiveRoyal assent.[11] The Act specifically asserts the continued power of the UK Parliament to legislate in respect of Scotland.[12]
The Act devolves all powers except over matter it specifies as reserved matters.[13] It further designates a list of statutes which are not amenable to amendment or repeal by the Parliament[14] which includes theHuman Rights Act 1998 and many provisions of the Scotland Act itself. Even when acting within its legislative competence, the Act further constrains the powers of the Parliament by inhibiting it from acting in a manner incompatible with theEuropean Convention on Human Rights orEuropean Community law.[15] The same constraints apply to acts of the Scottish Executive.[16]
The Scottish Parliament met for the first time on 12 May 1999 and began its first session withSNP memberWinnie Ewing stating "the Scottish Parliament, adjourned on 25th day of March in the year 1707, is hereby reconvened"[17]
Construction of the Scottish Parliament building began in June 1999 and the first debate in the new building was held on Tuesday 7 September 2004. The formal opening bythe Queen took place on 9 October 2004.[18]Enric Miralles, the Spanish architect who designed the building, died before its completion.[19]
From 1999 until the opening of the new building in 2004, committee rooms and the debating chamber of the Scottish Parliament were housed in theGeneral Assembly Hall of theChurch of Scotland located onThe Mound in Edinburgh.[20] Office and administrative accommodation in support of the Parliament were provided in buildings leased from theCity of Edinburgh Council.[20] The new Scottish Parliament Building brought together these different elements into one purpose built parliamentary complex, housing 129 MSPs and more than 1,000 staff andcivil servants.[21]
The building aims to conceive a poetic union between theScottish landscape, itspeople, itsculture and the city of Edinburgh, an approach that won the parliament building numerous awards including the 2005Stirling Prize, and it has been described as "a tour de force of arts and crafts and quality without parallel in the last 100 years of British architecture".[22][23]
As a result of provisions in the Railways Bill, powers were transferred from the Department of Transport to the Scottish Executive, a move described by then First Minister, Jack McConnell as "...the most significant devolution of new powers to Scottish ministers since 1999."[24]
A Scottish Executive was created under section 44 of theScotland Act 1998.[25] Following the2007 Scottish Parliament election, the Scottish Executive was rebranded as the Scottish Government by the newScottish National Party administration.[26] Other changes that took place at this time included the development of the National Performance Framework and major restructuring whereby Directors-General were put in charge of the achievement of the Government's strategic objectives. These changes have been described as developing a form of strategic state.[27] The new name's use in Westminster legislation was updated by s.12Scotland Act 2012.
The Calman Commission was established by a motion passed by theScottish Parliament on 6 December 2007.[28] Its terms of reference are: "To review the provisions of theScotland Act 1998 in the light of experience and to recommend any changes to the present constitutional arrangements that would enable the Scottish Parliament to better serve the people ofScotland, that would improve the financial accountability of the Scottish Parliament and that would continue to secure the position of Scotland within the United Kingdom."[29] However, concerns have been expressed that its final report will not have "much legitimacy" because it was skewed towards preserving the status quo.[30]
During 2008, agreement was reached to transfer responsibility for all planning and nature conservation matters at sea up to 200 miles from the Scottish coast to theScottish Government. The change has implications for theoffshore industry, wind and wave power and to a lesser extent, fishing, though responsibility for fishing quotas remains aEuropean Union issue[needs update] and oil and gas licensing and permitting remains a reserved matter.[31]
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In August 2009, the SNP announced a Referendum Bill would be included in its package of bills to be debated before Parliament in 2009–10, with the intention of holding a referendum on the issues ofScottish independence in November 2010. The bill did not pass due to the SNP's status as aminority administration, and due to the initial opposition to the Bill from all other major parties in theScottish Parliament.[32][33]
Following the2011 Scottish Parliament election, the SNP had a majority in parliament and again brought forward an Independence Referendum Bill. The Scottish Government also suggested thatfull fiscal autonomy for Scotland (known as "devo-max") could be an alternative option in the vote. The negotiation of theEdinburgh Agreement (2012) resulted in the UK government legislating to provide the Scottish Parliament with the powers to hold the referendum. The "devo-max" option was not included, however, as the Edinburgh Agreement stipulated that the referendum had to be a clear binary choice between independence or the existing devolution arrangements. The Scottish Independence Referendum (Franchise) Act 2013 was passed by the Scottish Parliament and campaigning commenced. Two days before the referendum was held, with polls very close, the leaders of the three main UK political parties made "The Vow", a public pledge to devolve "extensive new powers" to the Scottish Parliament if independence was rejected. They also agreed to a devolution timetable proposed byGordon Brown.
After heavy campaigning by both sides, voting took place on 18 September 2014. Independence was rejected by a margin of 45% in favour to 55% against.
The day after the referendum,David Cameron announced the formation of theSmith Commission to "convene cross-party talks" concerning "recommendations for further devolution of powers to the Scottish Parliament". Two months later, on 27 November 2014, the commission published its recommendations, which included giving the Scottish Parliament complete power to set income tax rates and bands, increased borrowing powers, and anextensive list of other rights and powers.
Based on the Smith Commission's recommendations, theScotland Act 2016 was passed by Parliament and received Royal Assent on 23 March 2016.[34] The Act set out amendments to theScotland Act 1998 and devolved further powers to Scotland, most notably:[35]
The Act recognised the Scottish Parliament and a Scottish Government as permanent among UK's constitutional arrangements, with a referendum required before either can be abolished.
In April 2015, the SNP released a manifesto citing aspirations for further devolution than outlined by theSmith Commission with the devolution of corporation tax, National Insurance Contributions (NICs), and the welfare system. Full fiscal autonomy was also a medium-term goal.[36] First minister Nicola Sturgeon added the following month that she would prioritise the devolution of “employment policy, including the minimum wage, welfare, business taxes, national insurance and equality policy.”[37]
In July 2015, SNP ministers called for the devolution of broadcasting to Scotland.[38] TheScottish Trades Union Congress (STUC) had also proposed to the Smith Commission that broadcasting be devolved for Scotland.[39] A 2014 opinion poll by What Scotland thinks showed 54% in favour with 30% opposed.[40]
The SNP's2019 general election manifesto called for the devolution of the following:
In December 2022, SNP employment ministerRichard Lochhead called for the replacement EU funding (UK Shared Prosperity Fund) to be fully devolved to allow "funding to flow to regions and communities in line with shared Scottish policies.”[43]
In April 2023, the SNP called for the devolution of energy powers. The Scottish parliament has control over planning regulations which can affect renewable power, but the majority of energy powers are retained with Westminster.[44]
In October 2023, SNP MP David Linden brought forward a bill to devolve employment law to the Scottish Parliament. The SNP did not expect the bill to pass, wanting to “expose” Labour’s position on the matter.[45] In the same month, the SNP also called for the devolution of inheritance tax.[46]
Keir Starmer, leader of the UK Labour Party is in favour of reforming the UK and has promised to do so "quickly" if a UK Labour government is elected.[47] Starmer has also tasked Gordon Brown, former prime minister of the UK with heading a "Constitution Commission" which would form in the event of a Labour UK government.[48] Gordon Brown has suggested federalism as a viable option following Brexit and according to Tory MP Adam Tompkins, Gordon Brown wants "a reformed Britain, a new federal settlement, and further powers for a supercharged Holyrood".[49][50]
Brown proposed the following in 2017:
However, the Labour "New Britain" report outlined the following in December 2022:
In an effort to safeguard the UK internal market post-Brexit and to avoid trade discrepancies or issues for goods moving within the UK, in December 2020 theBritish government passed in parliament theUnited Kingdom Internal Market Act 2020. Within Scotland, the Act was condemned as an affront on devolution by the governingScottish National Party, however was supported by theScottish Conservatives and various businesses and organisations in Scotland.[53] The act can also cause the regulation of service in one part of the UK to be recognised across the whole UK. The act allows UK ministers to spend on devolved policies without the approval of the devolved parliament.[54]
In December 2022, theGender Recognition Reform Bill was passed by the Scottish parliament.[55] In January 2023, Scottish SecretaryAlister Jack used powers included in the Section 35 of the Scotland Act 1998 to block the bill from receivingroyal assent and becoming law.[56]
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